88 results for 'judge:"McFadden"'.
J. McFadden agrees that an Amtrak rider, whose medical condition prevents him from wearing a face mask, has agreed to arbitrate his lawsuit against Amtrak over his removal from a train for not wearing a mask. However, the motion to compel arbitration is put on hold until a trial or an evidentiary hearing can be held over whether the arbitration agreement is unconscionable.
Court: USDC District of Columbia, Judge: McFadden, Filed On: March 29, 2024, Case #: 1:22cv3684, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Arbitration, Civil Rights, Ada / Rehabilitation Act
J. McFadden finds that the lower court properly denied defendant’s motion for a new trial. The lower court properly instructed the jury on mutual combat. Thus, counsel was not deficient by failing to preserve defendant’s objection to the charge. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 27, 2024, Case #: A24A0166, Categories: Ineffective Assistance
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J. McFadden finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to reserve his objection to the trial court's refusal to instruct the jury on rape as a lesser-included offense of child molestation. Under the law in effect at the time of his 2005 trial, defendant waived the right to assert that the trial court's decision was an error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 20, 2024, Case #: A24A0459, Categories: Sex Offender, Jury Instructions
J. McFadden finds that the trial court improperly granted the nephew's motion for partial summary judgment on the aunt's action seeking specific performance of an oral promise given to her by her deceased mother guaranteeing a life estate on family property recently conveyed to the nephew. The trial court incorrectly found that there was no evidence the aunt entered into possession pursuant to the gift of a life estate. The aunt testified that she only returned to the property after her mother promised her the right to live at the property for the rest of her life. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 15, 2024, Case #: A23A1302, Categories: Property
J. McFadden finds that the trial court properly ruled in favor of the executrix in an action brought by the cousins challenging the validity of the decedent's will and alleging claims of undue influence and lack of testamentary capacity. The cousins failed to show that the decedent lacked the requisite mental capacity when she signed her will. The decedent's attorney and a notary both testified that the decedent was of sound mind when she executed her will. A doctor's affidavit stating the decedent had dementia does not show that she was unable to make a valid will. There is no evidence that the executor took part in planning or executing the will. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 14, 2024, Case #: A24A0111, Categories: Wills / Probate
J. McFadden finds that the trial court properly denied defendant's motion for a new trial on his burglary, criminal trespass and criminal attempt to commit a felony convictions. Sufficient evidence was presented to support defendant's burglary conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 14, 2024, Case #: A24A0008, Categories: Burglary
J. McFadden finds that the trial court properly ruled in favor of the home building company in a contract action brought by the individual seeking the return of a nonrefundable construction deposit. The assignment agreement between the parties is enforceable. The individual retained the benefit of the property under the contract and therefore cannot repudiate the contract. The deposit was not an unenforceable liquidated damages penalty because the individual's payment of the deposit was not linked to any breach. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 29, 2024, Case #: A23A1206, Categories: Contract
J. McFadden finds that the trial court improperly ruled in favor of the trustees on the buyers' breach of contract claim in an action seeking specific performance of an option agreement to buy the trustees' property. The trial court incorrectly found that the option agreement was unenforceable for lack of consideration based on the buyers' failure to pay a $1,000 consideration. The agreement was enforceable and required the trustees to sell the property to the buyers upon timely exercise of the option. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 28, 2024, Case #: A23A1586, Categories: Contract
J. McFadden finds that the trial court properly ruled in favor of the nightclub's landlord and two property management companies in a negligence action brought by the customer arising from injuries he suffered when the nightclub's security guard threw him to the ground. The trial court correctly found that the landlord was an out-of-possession landlord that cannot be held liable under the statute. The nightclub was responsible for the premises under the terms of the lease and the property management companies had no legal duty to the customer. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 22, 2024, Case #: A23A1528, Categories: Negligence, Premises Liability
J. McFadden finds that the trial court properly convicted defendant of interstate interference with an adoptive grandfather's lawful custody of his 16-year-old grandchild. Although the trial court wrongly found that the 26-month delay between defendant's arrest and trial due to the Covid-19 pandemic was not presumptively prejudicial, defendant failed to show that the denial of his motion for discharge and acquittal based on an alleged speedy trial violation was an abuse of discretion. The trial court correctly admitted evidence of defendant's sex acts with the grandchild. However, the trial court incorrectly ordered defendant to register as a sex offender as a condition of his sentence. Although the grandchild was under the age of 18, the victim of defendant's interference offense was the grandfather. Affirmed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 22, 2024, Case #: A23A1319, Categories: Sentencing, Speedy Trial
J. McFadden finds that the trial court properly convicted defendant of offenses including attempted murder, attempted feticide and kidnapping with bodily injury. Sufficient evidence was presented to support defendant's kidnapping conviction. The evidence showed that defendant pulled the victim into his apartment from outside and assaulted her for hours. Defendant cannot show that his trial counsel performed deficiently by failing to request a jury instruction on attempted voluntary manslaughter because the evidence did not support that instruction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 13, 2024, Case #: A23A1768, Categories: Ineffective Assistance, Kidnapping
J. McFadden finds that the trial court properly granted the father's petition to legitimate his biological daughter and correctly awarded him joint legal custody and primary physical custody of her. Sufficient evidence supported the finding that the custody award was in the child's best interest, including evidence that the mother tried to alienate the child from the father during the litigation. The trial court correctly awarded the father $25,000 in attorney fees. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 13, 2024, Case #: A23A1384, Categories: Family Law, Attorney Fees
J. McFadden finds that the trial court properly granted the attorney's motion for attorney fees after the lawyer's defamation action against him was dismissed. The defamation action arose after the attorney filed motions for sanctions and a Bar complaint against the lawyer for allowing an unlicensed law student to conduct depositions in a case. Evidence supports the $21,000 attorney fee award. The trial court correctly found that the action lacked any justiciable issue of law or fact and did not abuse its discretion in finding that the award was reasonable. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 8, 2024, Case #: A23A1312, Categories: Defamation, Attorney Fees
J. McFadden finds that the trial court properly ruled partially in favor of the neighbors in a trespass and injunctive relief action brought by the property owner arising from a dispute over the placement of underground utility lines. The trial court correctly found that the neighbor has a property interest arising from a quasi-easement allowing the utility lines to remain in their current location on the owner's property even though they are not inside the boundaries of a recorded express easement. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 8, 2024, Case #: A23A1228, Categories: Property
J. McFadden finds that the trial court properly entered a $1.15 million judgment in favor of the law firm in an action against the client arising from unpaid fees for legal services. The trial court correctly refused to give a jury instruction on evidence spoliation. The firm did not have a duty to preserve notes the sole member attorney made to aid in creating invoices. Litigation was not being contemplated at the time the notes were discarded. The client failed to show that the trial court abused its discretion in precluding the client's expert from giving an irrelevant opinion on the firm's purported violation of one of the Georgia Rules of Professional Conduct. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 8, 2024, Case #: A23A1474, Categories: Contract
J. McFadden denies, in part, a university's motion to dismiss an expelled student's discrimination action. He adequately pleads his claims for racial discrimination and breach of implied covenant of good faith and fair dealing, and his contract claim for breach of his scholarship agreement.
Court: USDC District of Columbia, Judge: McFadden, Filed On: February 6, 2024, Case #: 1:23cv436, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. McFadden finds that the juvenile court properly awarded temporary custody of the children to the Department of Family and Children Services and correctly entered an order requiring the mother to complete a parental fitness evaluation. Sufficient evidence was presented to allow the juvenile court to find that the children would be dependent if returned to the mother, including evidence that the mother physically abused one child and emotionally abused the children during visits after they were removed from her custody. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 24, 2024, Case #: A23A1434, Categories: Family Law
J. McFadden finds that the trial court properly granted the homeowners' motion for judgment notwithstanding the jury's verdict in favor of the contractor in his breach of contract action against the homeowners for failure to pay. The trial court correctly found that the contractor could not recover from the homeowners because he did not hold a required contractor license. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 17, 2024, Case #: A23A1708, Categories: Contract
J. McFadden finds that the trial court properly convicted defendant of possession of a controlled substance and correctly denied defendant's motion to suppress evidence of drugs discovered in his shared bedroom. A probation officer for the individual with whom defendant shared the bedroom conducted the warrantless search because the individual recently tested positive for methamphetamine and had given an incorrect home address. Defendant did not expressly refuse consent for the search. Defendant failed to show that he was prejudiced by his trial counsel's failure to pursue the motion to suppress. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 2, 2024, Case #: A23A1421, Categories: Drug Offender, Ineffective Assistance, Search
J. McFadden finds that the trial court properly convicted defendant of incest and statutory rape. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance in meeting with him in person only three times, not seeking a continuance to secure testimony from two witnesses and failing to file a special demurrer. The evidence of defendant's guilt was strong and included DNA evidence that defendant fathered his daughter's child when she was under the age of 16. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 14, 2023, Case #: A23A1377, Categories: Ineffective Assistance, Sex Offender
J. McFadden finds that the trial court improperly convicted defendant of forgery and making a false statement. The trial court incorrectly removed a juror and replaced her with an alternate after the jury deadlocked during deliberations. The trial court's inquiry into whether or not the juror was participating in deliberations did not elicit adequate facts to allow for removal. The record does not show that the juror completely refused to deliberate or that the trial court questioned the juror about whether she stopped deliberating due to concerns about a co-defendant's mental state. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 11, 2023, Case #: A23A1278, Categories: Jury, Forgery
J. McFadden finds that the trial court improperly dismissed the homeowner's wrongful foreclosure claim against the bank arising from the bank's alleged failure to send a foreclosure notice before foreclosing on the homeowner's property. However, the trial court properly dismissed the unfair business practices, emotional distress and invasion of privacy action against the bank and the new owner in all other respects due to the homeowner's failure to state a claim upon which relief could be granted. The trial court correctly dismissed the homeowner's claims against the new owner due to improper service of process. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: November 29, 2023, Case #: A23A1266, Categories: Foreclosure